Dog bites can cause devastating injuries from deep puncture wounds and nerve damage to infections and long-term emotional trauma. In California, victims have powerful legal tools to seek compensation, but proving negligence (or strict liability) is key to a successful case. Proving negligence after a dog bite may help you get the compensation you need to move on, so finding the right lawyer is crucial. In this blog, we explain how California law treats dog bite claims, the evidence you need, and the steps to build a strong case.
California’s Strict Liability Law: Why Proving Negligence After a Dog Bite Matters
California is one of the most victim-friendly states when it comes to dog bite injuries. Under California Civil Code §3342, a dog owner is strictly liable if their dog bites someone in a public place or while the victim is lawfully on private property—even if the dog had no history of aggression and the owner did nothing “wrong.”
What this means:
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You do not have to prove negligence to recover damages.
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The owner cannot argue they didn’t know the dog was dangerous.
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Defenses like “I warned them” or “the dog never bit anyone before” usually don’t apply.
Strict liability gives victims a direct path to compensation. But proving negligence can still be critical in situations where strict liability does not cover the claim or where additional damages (like punitive damages) may be sought.
When Negligence Matters
Although strict liability is powerful, proving negligence after a dog bite can strengthen or expand your claim in cases such as:
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Non-Bite Injuries: If the dog causes injury without a bite, such as knocking someone down or scratching, a negligence theory is often required.
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Third-Party Liability: If someone other than the owner contributed to the attack (e.g., a landlord who ignored repeated complaints), negligence is key.
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Seeking Punitive Damages: Showing reckless or intentional conduct can support claims for punitive damages, which require proof of more than strict liability.
Elements of Proving Negligence after a Dog Bite
To prove negligence in California, you must establish four elements:
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Duty of Care
The defendant had a duty to act reasonably to prevent foreseeable harm.
Example: A property owner must ensure guests are safe from known hazards, including dangerous animals. -
Breach of Duty
The defendant failed to meet that duty.
Examples:-
Failing to keep a dog leashed in a public area (violation of leash laws).
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Ignoring local “dangerous dog” restrictions.
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Allowing a dog with known aggressive tendencies to roam free.
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Causation
The breach of duty directly caused the injury. You must show the dog’s owner’s actions (or lack thereof) were a substantial factor in the attack. -
Damages
You suffered actual harm: medical bills, lost wages, pain and suffering, or emotional distress.
Key Evidence to Prove Negligence After a Dog Bite Accident
Dog bite cases often turn on evidence gathered quickly. Here’s what strengthens your claim when proving negligence after a dog bite:
1. Medical Records
Prompt medical treatment documents the bite’s severity, prevents infection, and creates a paper trail linking the attack to the dog.
2. Photographs and Video
Take clear photos of:
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The wound (initial and healing stages).
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The location of the attack.
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The dog (if safely possible).
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Any broken fences, open gates, or lack of leash.
3. Witness Statements
Neighbors, passersby, or delivery drivers may have seen the attack or prior incidents of aggression. Independent witnesses can corroborate your version of events.
4. Animal Control or Police Reports
Always report the attack. Local animal control investigations provide official records of the dog’s vaccination status, prior complaints, and dangerous animal classifications.
5. Veterinary or Prior Incident Records
If the dog had previous attacks or aggressive behavior, prior complaints or veterinary records can help prove the owner knew—or should have known—about the danger.
6. Local Ordinance Violations
Many California cities have leash laws, dangerous-dog registries, or breed-specific requirements. Showing the owner violated these rules helps establish negligence per se (automatic negligence).
Comparative Negligence in California: How it Affects Proving Negligence After a Dog Bite Injury
California follows a pure comparative negligence rule. If the defense argues you were partly responsible—such as provoking the dog or ignoring posted warnings—your compensation may be reduced by your percentage of fault.
Example:
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Jury awards $100,000.
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You are found 20% at fault for teasing the dog.
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Your recovery is reduced to $80,000.
A skilled attorney will fight to minimize or eliminate any claimed comparative negligence.
Damages You May Recover
Victims of dog bite injuries in California can seek compensation for:
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Medical Expenses: Emergency care, surgery, rabies shots, reconstructive procedures, and ongoing treatment.
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Lost Income: Wages lost during recovery and future earning capacity if injuries are permanent.
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Pain and Suffering: Physical pain, emotional trauma, and long-term psychological effects such as PTSD or fear of dogs.
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Scarring and Disfigurement: Additional damages for permanent scars, particularly in visible areas like the face or hands.
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Punitive Damages: In cases of extreme recklessness or intentional harm.
Steps to Take Immediately After a Dog Bite
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Seek Medical Attention
Even minor bites can lead to infection or rabies. Prompt care protects your health and documents the injury. -
Identify the Dog and Owner
Obtain the owner’s contact information and proof of rabies vaccination if possible. -
Report the Attack
Call local animal control or law enforcement. This creates an official record and may prevent future attacks. -
Document Everything
Take photos, write down details, and gather witness contact information. -
Avoid Contact with the Insurance Company
The owner’s insurer may contact you for a quick settlement. Do not give recorded statements or accept offers before speaking to an attorney. -
Consult an Experienced California Dog Bite Attorney
An attorney can investigate, gather evidence, and handle communications with insurance companies and opposing counsel.
Why Hire Vititoe Law Group
Dog bite cases can become complex, especially when municipal codes, landlord liability, or comparative negligence come into play.
At Vititoe Law Group, we have decades of experience holding negligent parties accountable. Our team knows how to:
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Investigate prior complaints or dangerous dog designations.
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Secure animal control and veterinary records.
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Work with medical experts to accurately value your injuries.
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Negotiate aggressively with insurance companies or take the case to trial if necessary.
Key Takeaway
California law provides strong protections for dog bite victims, but proving negligence—or leveraging strict liability—requires careful evidence gathering and strategic legal action.
If you or a loved one has been injured in a dog attack, contact Vititoe Law Group today for a free consultation. We will fight to recover the compensation you deserve and help you move forward with confidence.
